Thursday, June 23, 2022

Not a Second Class Right


NYSRPA v. Bruen has come down, 6-3 to the good side. First, and most importantly, the concept of the right to keep and bear arms, in public, including concealed, as a constitutionally protected individual right, is affirmed.


The racist New York Sullivan act, and the "special need" and other such burdens on carry permits are no longer presumed to be constitutional. Very explicitly the written opinions state that licensing is allowed, but only non-discretionary "shall issue" licensing, that does not unduly burden the free exercise of the right to keep and bear arms.

It also makes clear and explicit that, in context of Heller, MacDonald etc... elements required for such... Sales of firearms, ammunition, the ability to practice shooting etc... Cannot be unduly restricted 

It's going to take further litigation... a hell of a lot of it... but on this basis, GCA '68 and NFA '34 cannot stand as written either. Nor can any ban of any firearm or other weapon in common usage or ownership.

No "assault weapon" bans, no magazine bans... none of it. It's done. 

Basically, all restrictive gun control of any kind, is done...

... EVENTUALLY... 

....After probably another 20 years of law suits, but DONE nonetheless. 

Thomas authored the majority opinion, and clearly imposed a MUCH MORE THAN strict standard of scrutiny:

"The constitutional right to bear arms in public for self-defense is not 'a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees. We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. 

That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for selfdefense".